Pocono Mountain School District lawsuit heard on federal appeal

Thursday

Oct 25, 2012 at 12:01 AM

PITTSBURGH (AP) — A federal court panel heard an appeal by Pocono Mountain School District about the school not allowing a fifth-grader to pass out fliers for a Christmas party at her church nearly two years ago.

PITTSBURGH (AP) — A federal court panel heard an appeal by Pocono Mountain School District about the school not allowing a fifth-grader to pass out fliers for a Christmas party at her church nearly two years ago.

The Alliance Defending Freedom sued the district in March, claiming the student's free speech rights were violated because the district has let students hand out fliers for other events, including Halloween parties and even the plaintiff's younger sibling's birthday party.

A federal judge in Scranton last year issued a preliminary injunction in the student's favor, finding the school regulations were too vague.

The district's attorney told 3rd Circuit judges sitting in Pittsburgh on Wednesday that the district needs to protect students from outside advertising. But the girl's attorney says the ban amounts to viewpoint discrimination.

It wasn't clear when the court will rule.

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